This paper examines Georg Lukács’s conception of rei????ied subjectivity under capitalism. I claim that Lukács’s transition from his ethical pre-Marxist notion of the reified subject, to his early-Marxist understanding of capitalist reification of the subject contains the elements of a potential Lukácsian anti-critique of any epistemic or normative reinterpretation of his theory of reification. In particular, the shift in Lukács’s conceptualization of the thinglikeness of objects implied in his dialectical social theory points to a historically precise interpretation of the subject’s (...) reification. The paper also suggests that Lukács’s project of dereification is rooted in the affective experience of reified subjects.Cet article examine la conception lukacsienne de la subjectivité réifiée en régime capitaliste. Mon propos est de montrer que le passage de la notion éthique pré-marxiste du sujet réifié à une compréhension marxiste précoce de la réification capitaliste du sujet chez Lukács contient des éléments d’une critique lukacsienne potentielle de toute réinterprétation normative de sa théorie de la réification. Le tournant dans la conceptualisation lukacsienne de l’apparente « choiséité » des objets, implicite dans la dialectique de sa théorie sociale, fait signe vers une interprétation historiquement précise de la réification du sujet. L’article suggère également que le projet lukacsien de la dé-réification est enraciné dans l’expérience affective des sujets réifiés. (shrink)

This paper contributes to the understanding on the reasons that lead to entrepreneurship in other countries. We focus on expat-preneurs, those who decided to undertake business opportunities in other countries (before or after settling there). Using comparison analysis and logistic regression, we examine pre-departure and transitioned expat-preneurs’ demographic characteristics and push-pull factors that lead them to expatriate. From a survey conducted in 2015-2016 of 5,532 Lithuanians expatriated in 24 countries, a sample of 308 respondents with their own businesses abroad was (...) selected. This research contributes to the literature on expat-preneurs, with empirical evidence on pre-departure and transitioned self-initiated (SI) expat-preneurs. The results revealed that demographic features matter when studying such global entrepreneurs. It is a process experienced differently by males and females and, as such, it can be considered as gender selective. Thus, more pre-departure expat-preneurs are male than female, but there is a growing number of female transitioned expat-preneurs. Pre-departure expat-preneurs are older and less educated than transitioned ones and have been pushed to move abroad by issues such as political corruption or a non-supportive tax system, and are attracted by a higher possibility of self-realisation as well as the prestige of the host country. Meanwhile, transitioned expat-preneurs have been pushed to emigrate due to family reasons or too few employment opportunities in their home country. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...) reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...) interpretations of political liberalism and Kant and Hegel‘s philosophies. This paper aims to prove that the positive liberty is the assumption of the negative liberty. The paper based on Hegel‘s philosophy shows that freedom is the characteristic of human nature to seek identity. It is also argued that human identity can take many forms and, therefore, a person has a number of inherent rights and liberties. It is human psycho-physical identity that provides the right to life and health care; human creative identity, providing the right to privacy and freedom of occupation; human moral identity, which provides the right of dignity, and the moral autonomy of person’s social and political identity, providing the political and social rights and freedoms. This article concludes that while a person uses the given rights with integrity and the state is limiting people’s arbitrariness, there is no conflict between the freedom and state violation. (shrink)

This volume is the first book-length analysis of the problematic concept of the ‘horizon’ in Edmund Husserl’s phenomenology, as well as in phenomenology generally. A recent arrival on the conceptual scene, the horizon still eludes robust definition. The author shows in this authoritative exploration of the topic that Husserl, the originator of phenomenology, placed the notion of the horizon at the centre of philosophical enquiry. He also demonstrates the rightful centrality of the concept of the horizon, all too often viewed (...) as an imprecise metaphor of tangential significance. His systematic analysis deploys both early and late work by Husserl, as well as hitherto unpublished manuscripts. Opening out the question to include that of the origins of the horizon, the book explores the horizon as philosophical theme or notion, as a figure of intentionality, and as a signification of one’s consciousness of the world—our ‘world-horizon’. It argues that the central philosophical significance of the problematic of the horizon makes itself apparent in realizing how this problematic enriches our philosophical understanding of subjectivity. Systematic, thorough, and revealing, this study of the significance of a core concept in phenomenology will be relevant not only to the phenomenological community, but also to anyone interested in the intersections of phenomenology and other philosophical traditions, such as hermeneutics and pragmatism.​. (shrink)

Husserl is the philosopher who transformed the geological metaphor of sedimentation into a philosophical concept. While tracing the development of Husserl's reflections on sedimentation, I argue that the distinctive feature of Husserl's approach lies in his preoccupation with the question concerning the origins of sedimentations. The paper demonstrates that in different frameworks of analysis, Husserl understood these origins in significantly different ways. In the works concerned with the phenomenology of time consciousness, Husserl searched for the origins of sedimentation in the (...) field of subjective experience, and more precisely, in impressional consciousness. By contrast, in the later works concerned with history, he maintained that the origins of sedimentations lie in the field of historical past that stretches beyond the reach of individual experience. Building on the basis of these resources, I argue that the Husserlian concept of sedimentation has three distinct components of senses: static, genetic, and generative. In the static sense, sedimentations are modifications of retentions and necessary conditions of recollection. In the genetic sense, sedimentations are necessary for the formation of types, habits and moods, and as such, they shape present experiences. In the generative sense, sedimentations refer to what consciousness inherits from the historical tradition. (shrink)

The paper explores the meaning of the phenomenological concept of sedimentation in the framework of Merleau-Ponty’s phenomenology. The analysis I offer suggests that Merleau-Ponty initiates a transition from the constitutional problematic of sedimentations that we come across in Husserl’s phenomenology to the analysis of existential sedimentations. Merleau-Ponty accomplishes this transformation by binding the Husserlian conception of sedimentations with the Heideggerian conception of facticity. The distinction Merleau-Ponty draws between originary sedimentations and secondary sedimentations is especially important, for it allows one to (...) claim that Merleau-Ponty recognizes all experiences as sedimented. Against the background of this realization, I offer a reevaluation of Merleau-Ponty’s cryptic remarks in the Phenomenology of Perception regarding the “original past,” also described as “a past that has never been a present.” I argue that these are metaphors for originary sedimentations. In place of a conclusion, I suggest that especially when the concept of sedimentation is universalized, we come to recognize its inherently paradoxical nature. In the final analysis, besides being a genetic concept, sedimentation is also a limit problem and a limit phenomenon. (shrink)

Personification, one of major types of metaphors often employed to express an attitude, is also an argumentative tool, especially in media texts on politically contested events. The present investigation aims at disclosing the attitudinal stance in personifying Ukraine, Russia, the Western countries and Lithuania in a corpus of texts collected from Lithuanian media in 2015–2018. The study relies on the three-step Critical Metaphor Analysis (CMA, Charteris-Black 2004), involving three levels: linguistic, cognitive and rhetorical. More specifically, they include (1) identifying personification (...) cases, (2) interpreting personification through cognitive metaphorical scenarios (Musolff 2016), and (3) explaining ideological implications encoded in the scenarios. The findings indicate that in the scenario of COMMUNICATION, Ukraine is mostly presented positively: active defender and in need of support, with occasional scepticism whether it is capable to change. The West, Lithuania including, is presented as a supporter, whereas Russia is viewed as a negatively evaluated antagonist. (shrink)

The contributors to this volume, who practice phenomenology in six countries in Europe and North America, all agree that these questions are to be answered with a clear and resounding _No_. The readers of this volume are bound to find out that this common critique of phenomenology is more of a caricature than its accurate description.

The Phenomenology of Pain is the first book-length investigation of its topic to appear in English. Groundbreaking, systematic, and illuminating, it opens a dialogue between phenomenology and such disciplines as cognitive science and cultural anthropology to argue that science alone cannot clarify the nature of pain experience without incorporating a phenomenological approach. Building on this premise, Saulius Geniusas develops a novel conception of pain grounded in phenomenological principles: pain is an aversive bodily feeling with a distinct experiential quality, which (...) can only be given in original first-hand experience, either as a feeling-sensation or as an emotion. Geniusas crystallizes the fundamental methodological principles that underlie phenomenological research. On the basis of those principles, he offers a phenomenological clarification of the fundamental structures of pain experience and contests the common conflation of phenomenology with introspectionism. Geniusas analyzes numerous pain dissociation syndromes, brings into focus the de-personalizing and re-personalizing nature of chronic pain experience, and demonstrates what role somatization and psychologization play in pain experience. In the process, he advances Husserlian phenomenology in a direction that is not explicitly worked out in Husserl's own writings. (shrink)

This collection of chapters, written by prominent scholars in their respective fields, re-examines the nature of self-awareness in both Western and Eastern philosophy, inquires into its diverse and variable modes, and significantly broadens the framework of its analysis. The chapters collected focus on reflective and pre-reflective forms of self-awareness, as well as the relation between self-awareness and the awareness of things and the world. Included are examinations of the affective and embodied dimensions of self-awareness, the distinct forms of self-awareness in (...) memory, phantasy, and dreams, as well as the temporal and spatial nature of self-awareness. This edited volume appeals to students and researchers working in phenomenology and on the philosophy of self-awareness. (shrink)

As a phenomenological concept, absorption refers to the ego's capacity to experience the world from a displaced standpoint. The paper traces the emergence and development of this concept in Husserl...

The fundamental goal of this paper is to clarify the importance of Husserl’s reflections on destiny (Schicksal) in the context of his post-WWI ethics. In the first section, I sketch Husserl’s reflections on war in his private correspondence. In the second section, I show that, in his post-WWI research manuscripts on ethics, Husserl conceptualized various forms of meaningless suffering under the heading of destiny. One of the main questions of Husserl’s post-WWI ethics can be formulated as follows: in the dark (...) horizon of senselessness, how is an ethical life possible? In the remaining sections, I show that Husserl’s reflections on this question led him to deformalize his earlier ethics and motivated him to ground his ethics of reason in an ethics of love. In the third and fourth sections, I sketch Husserl’s two fundamental answers to this question, the first of which concerns his phenomenology of love, while the second one – his phenomenological metaphysics in general, and his phenomenological teleology, in particular. While for Husserl, these answers are complementary, after clarifying Husserl’s view on the conflicts of values, I conclude with some reflections on the importance of not overlooking that these answers are analytically distinct. (shrink)

My goal is threefold. First, building on the basis of Husserl’s phenomenology of the imagination, I will argue that phantasy is a specific type of intentional experience, which intends its objects as neutralized presentifications. Second, I will turn to dreams and argue that non-lucid dreams are unconscious phantasies, which cannot be conceived in the above-mentioned way. This realization will bring us to the third task. When recognized as the most extreme form of unconscious phantasy, dreams compel us to raise anew (...) the fundamental question: what is the nature of phantasy experience? According to the perspective I will here develop, phantasy is a specific field of experience that lies between two extremes: the fully translucent mode of the as if consciousness and the thoroughly opaque mode of absorption. Most of our phantasies, both conscious and unconscious, voluntary and involuntary, are lived somewhere between these two extremes. (shrink)

The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal form of a (...) company is needed. It provides the analysis of the main provisions of the proposal for the Regulation, the assessment of advantages and drawbacks of the alternatives introduced by the European Parliament and considered in the Council of the European Union, evaluation of the response of these provisions to the specific needs of small and medium-sized enterprises. The article also presents conclusions and suggestions for the improvement of the legal provisions. (shrink)

The main goal of concentration control and basic legal tests applied worldwide for the evaluation of concentrations, such as “dominance”, “significant impediment of competition” and “substantial lessening of competition” are analysed in this article. Every control, whatever its nature, is implemented in order to reach certain goals. In the first part of this article we analyse the goals of concentration control in different jurisdictions – mostly in the European Union, the USA and Lithuania. Four basic market security standards are excluded: (...) economic efficiency, protection of consumers, protection of competitors and protection of effective market competition. At the end we make a conclusion that the same standard, namely that of consumer protection, is applied in all those jurisdictions and that more attention should be paid for the protection of competitors and competition as a whole. Secondly, “dominance” test, applied in the EU under Regulation 4064/89, is analysed in detail. Moreover, the article discusses the meaning of a “dominant position”. We uphold the clarification of “dominance” provided by the Court of Justice, according to which dominance means the ability “to act to a considerable extent independently of their competitors, their customers and, ultimately, of consumers”. It is argued that “dominance” test is not sufficient for contemporary economics. The main disadvantage of this rule is that it is inapplicable for concentrations that do not create or strengthen dominant position. Furthermore, the new European Union rule of “significant impediment of competition” can be named as a smart European decision that tackled several problems: the practice of the Court of Justice remained applicable for future cases, because no serious changes to the wording of the rule were made. The detection of “dominant position” became only an alternative means to impede competition. In addition to this, the USA, the UK rule of “substantial lessening of competition” is compared to the two rules referred above. The concept of “monopoly” used in the wording of the rule, as well as the practice of the USA courts concerning the evaluation of market concentrations is analysed. We conclude that literally the phrases “significant impediment of competition” and “substantial lessening of competition” are different, but the content of these rules is the same. Different decisions taken in the same or similar cases on both sides of the Atlantic depend not on a certain rule but on the means of its application and some other circumstances (social, political factors, etc.). Finally, it is argued that practice of the evaluation of concentrations in the Republic of Lithuania is extremely poor. According to the present findings of the Competition Council of the Republic of Lithuania, it is hard to say the kind of approach the Council follows or, in other words, what kind of a rule the Council applies. Despite the fact that competition law in Lithuania was updated in conformity with the changes made in the EU competition law, we state that the test of “dominance” is further applied in certain concentration cases. (shrink)

The article presents a geographic position of the Arctic. Legal regimes of the Arctic and the Antarctic are compared. In a geographical terms, the Arctic is part of the ocean that is covered by ice, and Antarctic is a continent covered by ice which is surrounded by an ocean. It follows that Arctic should be considered a part of the world’s ocean, which is governed by 1982 UN Convention on the Law of the Sea. Currently, a sectoral regime is established (...) in the Arctic. The article analyzes the views of international law scholars on the issue and shares an opinion of those who criticize sectoral regime of the Arctic as incompatible with international law. Yet, what principles should underpin legal regime of the Arctic? Recent scholarly writings have considered a concept of common heritage of mankind. The article discusses the concept of common heritage of mankind. In the view of the author, this concept can be applied only to specific maritime areas but not to Arctic in its entirety. The article further thoroughly discusses Russia’s practice as regards its claims regarding the continental shelf of the Arctic. Furthermore, it evaluates the grounds of Russia’s policy in the Arctic until 2020 and also examines Russia’s application for extension of continental shelf in the Arctic and the Pacific Oceans. The article ends with conclusions. (shrink)

The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. While describing (...) the problem, the nature of the European Union and international law, as well as the distinguishing features of these systems of law, is analysed. The paper also provides a discussion about the decisions of the Strasbourg court and the Court of Justice of the European Union, which provide the basis of solving the problem of the relationship of these systems of law. In the second part of this paper, the main theories are analysed: the monistic, dualistic and coordination theories, which can be used to answer the issue of interaction of the two systems of law – international law and European Union law. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in the United States (...) and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

The United Nations has shown recurrent inability to respond to international threats caused by severe human rights violations and thus failed to perform one of its main function—preservation of international peace and security in the world. This evidenced gaps in the United Nations, caused mainly by the veto right in the voting system within the Security Council and limited powers of the General Assembly. The international community gave a twofold answer to this problem: radical humanitarian intervention and the recent concept (...) of the responsibility to protect. The main problem with regard to humanitarian intervention is its legality—its compliance with the prohibition of the use of force. The responsibility to protect does not clash with the prohibition of the use of force, but its legal implications are rather vague—being intensively discussed in the international forum, the responsibility to protect has not yet appeared in any legally binding international document. This article discusses the legal significance of humanitarian intervention and the responsibility to protect, and aims to determine how they affect, if at all, the regulation of the use of force in the international relations, as well as how they respond to the issue of large scale atrocities in the world. (shrink)